Verdicts and Settlements

$600,000 Structured Settlement (ultimately Worth $1.3 million) for Boy Attacked by Dogs
In a case that settled prior to jury selection, the lawyers at Buttafuoco and Associates were able to reach a significant settlement in the case of an 11 year old boy who was attacked by Rottweilers while playing with friends at a Queens park. The dogs escaped from a nearby yard enclosed by a chain link fence and bit the boy repeatedly about the body. In an intense rescue effort, it took three grown men, including an off duty police officer, ten minutes to save the boy from the attacking dogs. After 9 days of hospitalization and treatment including stitches, tetanus shots, rabies shots, and psychological counseling, the boy remained traumatized and retains a large Z-shaped scar. One of the dogs was shot and killed by a police officer at the scene and the other was put to sleep by the ASPCA. The firm was prepared to call witnesses who lived near the defendant and could testify to the violent nature of the dogs. The case settled for a $600,000 structured settlement, ultimately worth $1.3 million. This is one of the largest reported dog bite cases in New York.

$1,000,000 for Steamfitter After Fall From Plank
In this labor law action litigated by Mark Freeley of the firm, a 38-year-old steamfitter was awarded $1,000,000 in settlement for falling five feet off a wood plank used in place of scaffolding as he was installing a sprinkler system in Manhattan. The plaintiff sprained both ankles and sustained a chip fracture of one ankle. He was not able to return to work as a steamfitter. The defense argued at trial that claimant’s injuries were minor and pre-existing. At trial, Dan Buttafuoco argued that the contractor was negligent in not providing suitable scaffolding, that the plaintiff’s injuries were sustained as a result of laboring in this unsafe work environment, and were not pre-existing. The contractor’s insurance agent was also found partly responsible for not purchasing the appropriate type of insurance for its client, and therefore paid 25% of the settlement. The case settled before summations at trial, after two weeks of testimony.

$1,500,000 wrongful death settlement for mother of six
Doctor causes surgical complications in medical malpractice case. Dan Buttafuoco was able to help the family of a 48-year-old hairdresser recover a sizeable award from the doctor who was accused of causing a fatal complication during surgery. While performing abdominal surgery on the plaintiff, the surgeon perforated the woman’s small intestine. Due to the resulting hole in the woman’s intestine, the patient developed peritonitis, a serious infection. Despite additional surgery to correct the situation and massive doses of antibiotics, the woman’s situation worsened. She developed sepsis, or blood poisoning, and died less than a month after the initial surgery. Despite the surgeon’s contention that he was not responsible for the perforation (he maintained that it was a spontaneous event occurring after surgery), and that the plaintiff was suffering from pneumonia and common pelvic inflammatory disease, which instead could have contributed to her death, the case settled for one and a half million dollars.

$2,000,000 Settlement In Wrongful Death Of 32-Year-Old Mother of Three
James McCarthy of our offices was able to help the family of a 32 year-old mother of three in a case against a surgeon and a hospital. In this case, the plaintiff went to the emergency room complaining of severe abdominal pain. She was diagnosed with food poisoning and sent home. Two days later she returned and exploratory surgery was performed. A blood clot was found on an artery in the bowel, requiring that the patient have her bowel resectioned, and an ileostomy performed (a procedure to attach a temporary device which allows wastes to bypass the reconstructed part of the bowel while it healed). The next day, another surgery was performed, the ileostomy removed, and the bowel reconnected. The patient remained hospitalized and required two additional surgeries for bowel obstruction. The patient died about 8 weeks after surgery. The plaintiff's husband contended that she should have been admitted the first time she went to the emergency room and that the ileostomy was removed prematurely. The case was settled by Jim McCarthy prior to jury selection.

$600,000 Structured Settlement For Boy Attacked by Rottweilers
In a case that settled prior to jury selection, James Mattone of Daniel P. Buttafuoco and Associates, was able to reach a significant settlement in the case of an 11 year-old boy attacked by Rottweilers while playing with friends at a Queens park. The dogs escaped from a nearby yard enclosed by a chain link fence, and bit the boy repeatedly about the body. In an intense rescue effort, it took three grown men, including an off-duty police officer, ten minutes to save the boy from the attacking dogs. After 9 days of hospitalization, and treatment including stitches, tetanus shots, rabies shots, and psychological counseling, the boy remained traumatized, and retains a large z-shaped scar. One of the dogs was shot and killed by a police officer at the scene, and the other was put to sleep by the ASPCA. Mr. Mattone was prepared to call witnesses who lived near the defendant and could testify to the violent nature of the dogs. The case settled for a $600,000 structured settlement, ultimately worth $1.3 million. This is one of the largest reported “dog bite” cases in New York.

$2,749,000 Payout For Executive Hit On Cross Island Parkway
Dan Buttafuoco settled this Nassau County venue case with a cash payout of $1,500,000 and a total payout of over $2.7 million for client who was badly injured in an automobile accident. After suffering multiple fractures of the foot, leg and face, and undergoing multiple surgeries, physical therapy, and various types of medical treatment, the 38 year old plaintiff was left with a limp and limited mobility. He was ultimately fired since he was unable to fulfill his job duties. While the defendant denied any contact with the plaintiff’s car, Dan established the collision did occur by presenting evidence of paint from the defendant’s car on the plaintiff’s car. This case settled prior to trial.

$1,000,000 cash settlement for worker falling off ladder
Settlement reached after prior $650,000 mediation settlement expired. After Mark Freeley of the firm won summary judgment on liability prior to trial, Dan Buttafuoco was able to settle a case for cash for a Manhattan security system installer who fell off a ladder while on the job. The worker sustained back injuries requiring spinal fusion surgery. Defendants’ alleged that the accident never happened, since there were no witnesses, and the plaintiff did not come forward with an injury claim until a few days after the incident. They claimed his back condition was pre-existing. Another major point of contention in the case involved questions about who had provided the worker the ladder, and therefore who was responsible for any limitations in the equipment that may have contributed to the fall. The case settled for $650,000 at mediation but was subject to the insurance carrier’s approval. When the carrier refused, the settlement expired. The defendant’s liability was upheld on appeal and the case demand was raised to $1.5 million. In addition to the cash settlement of $1,000,000, the defendant won the waiver of a $110,000 Worker’s Compensation lien. The case was settled after opening statements at trial.

$2,900,000 Jury Verdict Awarded to Cancer Patient
Doctor failed to diagnose a child’s condition in a timely fashion. The plaintiff in this case had a history of unexplained swelling under his arms. In fact, he underwent a biopsy at age three for swelling on his right side. The biopsy was negative for lymphoma, and the doctor concluded nothing was wrong. The plaintiff returned to the doctor’s office in 1992, with a similar swelling, this time, under the left armpit. An x-ray and consultation with the physician who did the previous biopsy were performed. All indications were negative and no follow-up was recommended. Two years later, the child returned with an unexplained mass under the left armpit. This time the plaintiff was diagnosed with Stage III-A Hodgkin’s disease. The patient underwent a first round of chemotherapy, which was ineffective. The plaintiff then underwent a second round of more intensive therapy, which resulted in the remission of the cancer, but also rendered the patient sterile. The plaintiff contended that had he been diagnosed with the disease when he had first visited the doctor in 1992, the disease would only have been at stage one, and therefore would not have required such intensive treatment. The defendant denied that there was anything he could have done earlier than he did, since there were no definitive test results to act upon. Dan Buttafuoco was able to provide enough evidence for the jury to see that the plaintiff was in fact due multi-million dollar compensation for medical expenses, injury and lost wage compensation.

$1,300,000 for Painter Injured in Fall from Scaffold
Dan Buttafuoco was able to settle a case for a 39-year-old painter who fell off a scaffold that collapsed under him while on a job in Coney Island. The plaintiff sustained injury to his knee, requiring arthroscopic surgery, and suffered injuries to his spine. A blow to his head resulted in a concussion. Dan was able to maintain the value of the plaintiff’s projection for lost earnings, even after the judge struck the expert witness’ testimony for lack of factual basis for the claim, since the client had a poor work history. The case was settled after the trial but before the verdict. The only issue at trial was the amount of damages, as Mark Freeley, of the firm, had obtained summary judgment on liability prior to trial.

$1,575,000 for Elevator Freefall Accident
$1,575,000 verdict after trial for plaintiffs caught in a harrowing elevator drop. In this case litigated pre-trial by Mark Freeley of the firm, a 39-year-old social worker and a retired senior citizen were taking the elevator in a Bronx courthouse when the elevator suddenly dropped in freefall for about four floors, ending in an abrupt stop. The passengers both incurred serious knee and joint injury. Fractures and lesions of the kneecap, requiring arthroscopic surgery, and potential future knee replacement surgery would result from the fall in the case of the younger woman. In addition, the younger plaintiff was partially disabled and not able to return to her former profession. For the retiree, knee replacement surgery of the right knee, with potential need for similar surgery on the left, was required after aggravation of an existing osteoarthritis condition resulted from the incident. The case went to verdict, and after the verdict, Dan Buttafuoco was able to settle the case for $1.1 million for the younger woman, with an additional $10,000 for her husband due to loss of services, and $465,000 for the older plaintiff. A one-million dollar offer was rejected prior to summations.

$2,000,000 Settlement For Pedestrian Accident Injuries and Wrongful Death of 10-year-old son.
Dan Buttafuoco and Mark Freeley helped a Spanish- speaking woman from Queens win a multi-million dollar settlement after she was injured, and her 10-year old son killed, as she crossed the street at a stoplight while walking the child to school. The defendant’s attorneys tried to claim that the plaintiff was partially to blame for the accident, since she testified in her deposition that she did not see the bus coming. Defendant’s counsel also tried to claim that the plaintiff was not eligible to be awarded compensation for lost wages. First, since she was currently employed as a nanny making only $250 per week, lost wages would not be significant. Next, the defense reasoned, the $2,500,000 the defendant potentially would have earned as a nurse (she was trained as a nurse in her native Paraguay) should not be awarded, since the defendant would not realistically be able to find work in this country due to her illegal immigration status, and the fact that she only spoke Spanish. Dan argued successfully against these allegations, and additionally, that the mother will suffer permanent psychological damage from the trauma, allowing the case to settle for $2,000,000 prior to opening statements.

$1,425,000 Recovery For Victim of Collision at Stop Light
A 36 year-old Glen Cove nurse was ultimately dismissed from her job due to back injuries sustained when a rental car slammed into the back of her car while she was stopped at a red light. Although she attempted to return to work shortly after the accident, her injuries eventually required back surgery and she was unable to keep up her work activities at the level maintained before the accident. Mark Freeley of the firm obtained summary judgment on liability prior to jury selection so that the only issue remaining at trial was the amount of damages. Dan Buttafuoco was able to recover damages for injury and future lost wages.

$1,250,000 recovery for Iron Worker Falling From Ladder
After a fall from an unsecured ladder caused a fractured kneecap, the need for surgery and resulting permanent disfigurement, a 38 year-old New York City ironworker realized a $1.25 million dollar settlement for injury and compensation for future lost wages. Mark Freeley for the firm obtained summary judgment on liability against the owner and contractor prior to trial so that only the issue of damages was before the jury. Dan Buttafuoco was able to settle the case in the middle of the trial, additionally obtaining a waiver of a $67,000 workers compensation lien for his client. The claimant returned to his job after the injury.